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(영문) 서울서부지방법원 2013.11.08 2013고단2066
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 26, 2013, around 19:15, the Defendant requested the victim D (year 78) to return part of the security deposit before the 101st entrance of Mapo-gu Seoul building 101, but refused it while the victim was not entitled to return, and thereby, the Defendant threatened the victim by showing the attitude that the victim would inflict any harm on the body of the victim, such as "the victim who goes on a bicycle and arrived at the house," "the victim who gets off the bicycle," "the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife

Accordingly, the defendant threatened the victim with a deadly weapon.

Summary of Evidence

1. Statement made to D by the police;

1. A E-document;

1. Seizure records;

1. Application of Acts and subordinate statutes to photographs of seized goods;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 283 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (the fact that the injured party does not want the punishment of the accused shall be considered);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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